The Legal Consequences of Ill-treating Detainees held for Police Questioning in Breach of Article 3 ECHR

Neil John Graffin

Abstract

This paper is part of a wider study by this author where it is argued that the legal consequences following a breach of Article 3 ECHR when a detainee ill-treated during police questioning are underdeveloped. This paper will focus on two legal consequences which follow a breach of the provision - the admissibility of evidence obtained as a breach of Article 3 and remedies available to applicants who have had a determination that they have been a victim of a breach of Article 3. This paper argues that all confession evidence and derivative real evidence which have been obtained through a breach of Article 3 ECHR should be excluded at trial. This paper also reflects on the issue that the current mode through which victims of abuse amounting to breaches of Article are redressed is solely monetary compensation. This paper argues that the Court should further develop its remedial powers to enhance its ability to provide adequate redress to victims of breaches of Article 3 ECHR. It is argued that judicial developments in these two areas could enhance the protection of detainees held during questioning.